Do we need H1 stamp after change of status from H4 while cruising outside USA

Asked almost 2 years ago - San Jose, CA

Me (on H1 visa) and my wife (on H4 visa) are planning for a cruise but while returning at the port of entry (Mexico) I am not sure if my wife would need an H1 stamping if her H1 gets approved for this year. She currently has a valid H4 visa stamped on her passport but she is also in the process for her separate H1 visa that is yet to get approved for this year.

Attorney answers (3)

  1. Carl Michael Shusterman

    Pro

    Contributor Level 20

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    Answered . No visa is need to return to the US after a short trip to Mexico.

    Please click the link below for additional information.

    ---------
    Carl Shusterman, Esq.
    Former INS Trial Attorney (1976-82)
    Board Certified Immigration Attorney (1986 - Present)
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    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Giacomo Jacques Behar

    Pro

    Contributor Level 20

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    Lawyers agree

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    Answered . Under the Contiguous Territory rule, one can travel to an adjacent.country (Mexico and Canada), remain there for up to 30 days and be readmitted back to the US without necessitating a consular visa stamp.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be... more
  3. Shah Iqbal Nawaaz Peerally

    Contributor Level 19

    3

    Lawyers agree

    Answered . I will agree with my colleague. Worst case scenario, she can always enter on the H4 and then re-apply for the H1B.

    Shah Peerally, Attorney at Law President of Shah Peerally Law Group PC Newark CA Important: The above is... more

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